Appeal No. 1998-0189
Application 08/196,933
37 C.F.R. § 1.196(b) also provides that the appellant, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of the following two options
with respect to the new ground of rejection to avoid termination of proceedings
(§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the
matter reconsidered by the examiner, in which event the application will be
remanded to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the
Board of Patent Appeals and Interferences upon the same record. . . .
REVERSED; 37 C.F.R. § 1.196(b)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Fred E. McKelvey )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Toni R. Scheiner )
Administrative Patent Judge )
FEMc:yrt
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